Text: SF00326 Text: SF00328 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 455B.171, Code 1995, is amended by 1 2 adding the following new subsections: 1 3 NEW SUBSECTION. 1A. "Anaerobic lagoon" means an 1 4 impoundment used in conjunction with a confinement feeding 1 5 operation, if the primary function of the impoundment is to 1 6 store and stabilize manure wastes, the impoundment is designed 1 7 to receive manure on a regular basis, and the impoundment's 1 8 design manure loading rates provide that the predominant 1 9 biological activity is anaerobic. An anaerobic lagoon does 1 10 not include any of the following: 1 11 a. A confinement feeding operation structure. 1 12 b. A runoff control basin which collects and stores only 1 13 precipitation induced runoff from an operation in which 1 14 animals are confined to areas which are unroofed or partially 1 15 roofed and in which no crop, vegetation, or forage growth or 1 16 residue cover is maintained during the period in which animals 1 17 are confined in the operation. 1 18 c. An anaerobic treatment system which includes collection 1 19 and treatment facilities for all off gases. 1 20 NEW SUBSECTION. 1B. "Confinement building" means a 1 21 building used in conjunction with a confinement feeding 1 22 operation to house animals. 1 23 NEW SUBSECTION. 1C. "Confinement feeding operation" means 1 24 a totally roofed area in which animals are confined and fed 1 25 and maintained for forty-five days or more in any twelve-month 1 26 period, and all structures used for storage of manure from 1 27 animals in the operation. Two or more operations under common 1 28 ownership or management are deemed to be a single confinement 1 29 feeding operation if they are adjacent or utilize a common 1 30 area or system for manure disposal. 1 31 NEW SUBSECTION. 1D. "Confinement feeding operation 1 32 structure" means a formed manure storage structure, egg 1 33 washwater storage structure, earthen manure storage basin, or 1 34 confinement building. A confinement feeding operation 1 35 structure does not include an anaerobic lagoon. 2 1 NEW SUBSECTION. 4A. "Earthen manure storage basin" means 2 2 an earthen cavity, either covered or uncovered, which, on a 2 3 regular basis, receives waste discharges from a confinement 2 4 feeding operation if accumulated wastes from the basin are 2 5 completely removed at least twice each year. 2 6 NEW SUBSECTION. 4B. "Egg washwater storage structure" 2 7 means an aerobic or anaerobic structure used to store the 2 8 wastewater resulting from the washing and in-shell packaging 2 9 of eggs. 2 10 NEW SUBSECTION. 6A. "Formed manure storage structure" 2 11 means a structure, either covered or uncovered, used to store 2 12 manure, which has walls and a floor constructed of concrete, 2 13 concrete block, wood, steel, or similar materials. 2 14 NEW SUBSECTION. 7A. "Manure" means animal excreta or 2 15 other commonly associated wastes of animals, including, but 2 16 not limited to, bedding, litter, or feed losses. 2 17 NEW SUBSECTION. 7B. "Manure sludge" means the solid or 2 18 semisolid residue produced during the treatment of manure in 2 19 an anaerobic lagoon. 2 20 Sec. 2. NEW SECTION. 455B.201 MANURE MANAGEMENT 2 21 PRACTICES. 2 22 1. The department shall adopt rules for manure management 2 23 practices by persons required to obtain a permit for the 2 24 construction of a confinement feeding operation. 2 25 2. The rules for manure management practices shall include 2 26 the following: 2 27 a. Requirements for the submission and approval of a 2 28 manure management plan as provided in section 455B.202. 2 29 b. Manure application practices, including manure 2 30 application rates on land based on the production of 2 31 designated crops and according to crop schedules. The 2 32 application rates shall be based on nitrogen use levels of 2 33 designated crops, if the land where the manure is applied does 2 34 not exceed soil loss limits. The department shall establish 2 35 manure application rates based on phosphorus use levels of 3 1 designated crops, and phosporus levels in the soil if the land 3 2 where the manure is applied exceeds soil loss limits. 3 3 c. The testing and management of manure sludge contained 3 4 in an anaerobic lagoon. 3 5 d. The application of manure sludge to land based on the 3 6 phosphorus content of the sludge, the phosphorus needs of the 3 7 crops, and the phosphorus levels in the soil. 3 8 3. The department shall consider adopting requirements 3 9 which distinguish between practices based on different types 3 10 of manures. 3 11 4. The department shall adopt rules based on 3 12 recommendations submitted by Iowa state university and the 3 13 division of soil conservation of the department of agriculture 3 14 and land stewardship. 3 15 Sec. 3. NEW SECTION. 455B.202 MANURE MANAGEMENT PLAN 3 16 REQUIREMENTS. 3 17 1. a. A person shall not receive a permit for the 3 18 construction of a confinement feeding operation as provided in 3 19 section 455B.173, unless the person submits and complies with 3 20 a manure management plan in accordance with rules which shall 3 21 be adopted by the department pursuant to chapter 17A. The 3 22 plan shall provide for the application of manure in a manner 3 23 that is consistent with manure management practices provided 3 24 in section 455B.201. The department shall adopt all rules 3 25 required to implement this section not later than six months 3 26 following the effective date of this Act. 3 27 b. A person issued a permit for the construction of a 3 28 confinement feeding operation before January 1, 1994, shall 3 29 submit a manure management plan to the department not later 3 30 than two years and six months after the effective date of this 3 31 Act. A person issued a permit for the construction of a 3 32 confinement feeding operation between January 1, 1994, and six 3 33 months after the effective date of this Act, shall submit a 3 34 manure management plan to the department not later than one 3 35 year after the effective date of this Act. If a person 4 1 required to submit a delayed plan pursuant to this paragraph 4 2 violates section 455B.201, the person shall be required to 4 3 submit the plan to the department not later than one hundred 4 4 twenty days following notice by the department. 4 5 2. The manure plan manager shall administer the 4 6 implementation of and compliance with the plan, including 4 7 manure sludge management. The manure plan manager shall be 4 8 certified within six months after the department issues a 4 9 permit for the confinement feeding operation. However, a 4 10 person is not required to obtain a certification until two 4 11 years and six months following the effective date of this Act. 4 12 3. A manure management plan shall include, but is not 4 13 limited to, the following: 4 14 a. Calculations to determine the land area required for 4 15 application of manure from the confinement feeding operation 4 16 for the crop schedule specified in the plan. 4 17 b. The rate of manure application which shall be 4 18 consistent with the requirements of section 455B.201. 4 19 c. A crop schedule for land subject to application. 4 20 d. Manure sludge practices as required pursuant to 4 21 subsection 4. 4 22 4. A person operating a confinement feeding operation 4 23 which utilizes an anaerobic lagoon shall include a provision 4 24 for manure sludge management. The department shall adopt 4 25 rules for manure sludge management. The rules may include a 4 26 requirement that following approval of the plan by the 4 27 department, the depth of sludge be periodically determined, 4 28 the manure sludge tested for phosphorus content, and the 4 29 results of the test submitted to the department. The 4 30 department shall determine whether the person shall be 4 31 required to remove the manure sludge. If applied to land, the 4 32 department shall determine sludge application practices 4 33 pursuant to section 455B.201, based on the information 4 34 submitted by the person and standards recommended by Iowa 4 35 state university. 5 1 5. A person receiving a permit for the construction of a 5 2 confinement feeding operation shall maintain a current manure 5 3 management plan and maintain records sufficient to demonstrate 5 4 compliance with the manure management plan. Chapter 22 shall 5 5 not apply to the records which shall be kept confidential by 5 6 the department and its agents and employees. The contents of 5 7 the records are not subject to disclosure except as follows: 5 8 a. Upon waiver by the person receiving the permit. 5 9 b. In an action or administrative proceeding commenced 5 10 under this chapter. Any hearing related to the action or 5 11 proceeding shall be closed. 5 12 c. When required by subpoena or court order. 5 13 6. The department may inspect the confinement feeding 5 14 operation at any time during normal working hours, and may 5 15 inspect records required to be maintained as part of the 5 16 manure management plan. 5 17 7. A person required to submit a manure management plan 5 18 who is found in violation of the terms and conditions of the 5 19 plan shall not be subject to an enforcement action other than 5 20 assessment of a civil penalty pursuant to section 455B.191. 5 21 EXPLANATION 5 22 This bill provides for the regulation of confinement 5 23 feeding operations by the department of natural resources. 5 24 The bill requires the department to adopt rules relating to 5 25 manure application practices by persons required to obtain a 5 26 permit for the construction of confinement feeding operations. 5 27 Generally a confinement feeding operation is an area which is 5 28 totally roofed in which animals are confined and fed and 5 29 maintained for 45 days in any 12-month period. The department 5 30 must adopt rules based on recommendations submitted by Iowa 5 31 state university and the department of agriculture and land 5 32 stewardship. 5 33 The bill provides for manure management plans. A person 5 34 cannot receive a permit for the construction of a confinement 5 35 feeding operation unless the person develops and complies with 6 1 a manure management plan as provided by rules which shall be 6 2 adopted by the department. The plan shall provide for the 6 3 application of manure in a manner that is consistent with 6 4 manure management practices required in the bill. The bill 6 5 provides for delayed implementation of the requirement. 6 6 The bill provides that a person operating a confinement 6 7 feeding operation which utilizes an anaerobic lagoon must 6 8 provide for manure sludge management as part of the plan. The 6 9 bill provides that a person required to maintain the plan must 6 10 keep records sufficient to demonstrate compliance with the 6 11 manure management plan. The public records law does not apply 6 12 to the records. 6 13 LSB 2428SS 76 6 14 da/jw/5
Text: SF00326 Text: SF00328 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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